The escritura pública is the public title deed that transfers ownership of a Spanish property, signed before a notary. Here is what the deed is, what the notary does and does not do, and exactly what happens on completion day — step by step.
The escritura pública is the public deed that transfers ownership of a property in Spain — the single most important document in any purchase. Until it is signed, you are a buyer with a contract; once it is signed, you are the owner. The searches, deposit, contract and mortgage all build towards the moment it is signed before a notary.
In plain terms, the escritura is a formal, witnessed record of the sale: it identifies the parties and the property by its Land Registry details, states the price and how it is paid, confirms the property is transferred free of charges, and records the handover. Once signed it becomes a public document — carrying the authority of the State and forming the basis on which your ownership is registered. A private contract has force only between buyer and seller; it is the escritura pública that the rest of the world recognises as proof you own the property.
The Spanish notary is a public official, not your adviser — and the difference is the most important thing a foreign buyer can learn before completion.
A Spanish notary (notario) is a qualified, state-appointed public official whose job is to give legal certainty to documents. At a completion the notary verifies the identity and legal capacity of those signing, confirms the deed is lawful, reads out the essential terms, witnesses the signatures, and authorises the deed so it becomes a public document. They also confirm with the Land Registry that nothing has changed at the last minute and notify it of the new transaction.
What the notary is not is your representative. They are neutral — acting for the transaction, not the buyer or seller. They do not negotiate on your behalf, do not investigate whether the price is fair, and crucially do not carry out the due diligence that protects you: unpaid community fees, a planning order over the property, an extension built without a licence, boundaries that do not match the deed. They give the documents legal form as presented. If a problem is buried in the paperwork and nobody has dug it out beforehand, the notary is not the one who will save you.
The signing itself is usually short and calm. Here is the sequence in the room.
Buyer, seller and often the agent attend, with a bank representative if there is a mortgage. Any party may instead appear through a representative holding a power of attorney.
The notary verifies each person's identity and right to sign — passport, your NIE, the seller's title — and checks any power of attorney being used is valid.
The notary reads the essential terms aloud — parties, property, price, charges and how payment is made — so everyone confirms they understand and agree before signing.
The agreed balance is paid, almost always by bank-guaranteed cheque, and the notary records the means of payment in the deed. Any mortgage funds are released at the same appointment.
With payment made, the seller hands over the keys. Possession passes to you there and then — the deed records that vacant possession has been given.
Buyer and seller sign the escritura, the notary authorises it, and you receive an authorised copy (a copia autorizada). The original stays in the notary's protocol. You are now the owner.
Completion stalls far more often over missing paperwork than anything dramatic — the notary cannot proceed if a party cannot prove who they are, or record a payment that has not been arranged. Your lawyer confirms exactly what each party must produce, but for a buyer the essentials are consistent.
Spanish completions are not paid in cash and only rarely by live bank transfer at the table. The standard instrument is the bank-guaranteed cheque — a cheque bancario, equivalent to a bankers' draft. Your bank issues a cheque drawn on its own funds for the exact balance due, made payable to the seller, with separate drafts where relevant to redeem a mortgage so the property transfers free of charges. Because the bank guarantees it, the seller can accept it with confidence at signing, and the notary records it in the deed as the means of payment — a requirement under Spain's anti-money-laundering rules.
This is why arranging the money is a milestone in its own right: you need cleared funds in a Spanish account in good time and the cheque ordered for the right amount and payee. Getting this wrong is a common cause of a completion being postponed, so your lawyer coordinates the figures and confirms the cheque details before the day.
Signing the escritura makes you the owner, but it does not finish the legal process. Two things still have to happen, in sequence. First, the purchase tax must be paid within a short deadline — typically thirty working days — being Transfer Tax on a resale or VAT plus Stamp Duty on a new build. Our guidance on ITP versus IVA and AJD explains which applies.
Second, the deed must be lodged at the Land Registry so your ownership is formally inscribed. The notary's notification creates an immediate priority entry, but full registration — your complete protection against third parties and a clean recorded title — follows once the deed and proof of tax payment are processed, which can take a few weeks. Where a property has an existing registry issue this stage can surface complications, which is why title and registry problems are best caught long before completion, not afterwards.
You do not have to be physically present in Spain to complete. Buyers who live abroad, or who simply prefer not to travel, routinely complete by granting a power of attorney — a formal deed authorising a trusted representative, very often your own lawyer, to sign the escritura and carry out the related acts on your behalf. The notary deals with your representative exactly as if they were you, having first checked the power of attorney is valid.
A power of attorney can be granted in Spain before a Spanish notary, or abroad before a local notary with an apostille and a sworn translation so it is recognised in Spain. Because legalising it takes time, it is best arranged well ahead of completion. Done properly, it allows the entire purchase to be completed without you ever boarding a plane. We set it up routinely as part of acting on a purchase.
Notary fees in Spain are not a free market: they are regulated by the State under an official tariff (the arancel), so a given deed costs broadly the same whichever notary you use. The fee is calculated mainly from the declared value of the property and the length of the deed — so there is little point shopping around on price alone.
For a typical residential purchase the notary's fee is a modest part of overall transaction costs — generally a few hundred to around a thousand euros for the deed on an average home. It sits alongside the separate Land Registry fee, the purchase tax and your legal fees. We set out the full picture of completion costs in advance, and where our work extends beyond a defined scope we will explain what is involved and quote for it. Extras may apply depending on the complexity of your matter.
It is the public title deed that legally transfers ownership of a Spanish property. Signed before a notary, it identifies the parties, the property, the price and how it was paid. Once authorised it becomes a public document and is the basis on which your ownership is registered at the Land Registry.
The notary is a neutral, state-appointed official who verifies the identity and legal capacity of those signing, confirms the deed is lawful, reads out the essential terms, witnesses the signatures and authorises the deed. They also perform certain statutory checks and notifications, but act for the transaction — not for the buyer or the seller.
Not in the way many buyers assume. The notary makes the deed valid but does not carry out due diligence — they will not check for unpaid community fees, planning problems, illegal extensions or boundary issues. That investigation is the job of your own independent lawyer, which is why you need one in addition to the notary.
The parties attend (or appear by power of attorney), the notary checks identity and capacity and reads the essential terms, the balance of the price is handed over — usually by bank-guaranteed cheque — and the keys pass to the buyer. Buyer and seller then sign, the notary authorises the deed, and you receive an authorised copy. You are the owner from that point.
Your NIE, valid identification such as your passport, the funds properly arranged — typically a bank-guaranteed cheque — and your prior contracts including the private purchase contract and proof of any deposit. If completing remotely, the power of attorney must be available. These are arranged in advance, never on the day.
Almost always by bank-guaranteed cheque — a cheque drawn on a Spanish bank's own funds, equivalent to a bankers' draft, made payable to the seller. The notary records the means of payment in the deed, as anti-money-laundering law requires. Cash is heavily restricted; payment is arranged in advance from cleared funds in a Spanish account.
No. You can complete remotely by granting a power of attorney to a trusted representative — often your own lawyer — who signs the escritura on your behalf. The notary deals with your representative as if they were you, after checking the power of attorney is valid. This lets the whole purchase be completed without you travelling to Spain.
Two things, in sequence. First, the purchase tax must be paid within a short deadline — Transfer Tax on a resale, or VAT plus Stamp Duty on a new build. Second, the deed must be lodged at the Land Registry so your ownership is inscribed. The notary creates an immediate priority entry on signing, but full registration follows once the deed and proof of tax payment are processed.
Notary fees are regulated by the State under an official tariff, so the cost is broadly the same whichever notary you use. The fee is based mainly on the property's value and the contents of the deed, and for a typical home it is a modest part of completion costs — generally a few hundred to around a thousand euros. It is separate from the Land Registry fee, the purchase tax and your legal fees.
Yes. We do the due diligence beforehand, prepare and check the deed, arrange the funds, NIE and any power of attorney, and attend completion with you — in person or under your power of attorney. Afterwards we file the purchase tax and register the deed. We act as a team of bar-registered solicitors and legal specialists for English-speaking clients across Spain and quote clearly for the work involved.
The escritura pública is the moment you become the owner — and it goes smoothly when the groundwork is done. We handle the checks, the deed, the funds and the registration, and stand beside you at the notary.
The information on this page is general guidance only and does not constitute legal or tax advice. The procedure at the notary, the role of the notary, notary and registry fees, and the taxes and deadlines that apply to a property purchase are governed by legislation that changes over time and can vary between Spain's autonomous communities and foral territories. Always obtain advice on your specific property and circumstances before acting. Platinum Legal Spain is an independent English-speaking legal practice serving clients across Spain.